Housing Authority of the Raleigh v. Truesdale

Court of Appeals of North Carolina

Housing Authority of the Raleigh v. Truesdale

253 S.E.2d 47, 40 N.C. App. 425, 1979 N.C. App. LEXIS 2256

CourtCourt of Appeals of North Carolina

DecidedMarch 20, 1979

DocketNo. 7810DC564

StatusPublished

This text of 253 S.E.2d 47 (Housing Authority of the Raleigh v. Truesdale) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Housing Authority of the Raleigh v. Truesdale, 253 S.E.2d 47, 40 N.C. App. 425, 1979 N.C. App. LEXIS 2256 (N.C. Ct. App. 1979).

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Opinion

MARTIN (Harry C.), Judge.

An appeal in a civil action, when taken by written notice, must be taken within ten days after entry of the judgment. N.C. Gen. Stat. l-279(c); Rule 3(c), North Carolina Rules of Appellate Procedure. The record before us discloses defendant’s appeal was taken 8 March 1978. This was at least fourteen days after the entry of the judgment. Where the appeal is taken more than ten days after the entry of judgment, and the time within which appeal can be taken is not otherwise tolled as provided in N.C.G.S. 1-279 and Rule 3, the appellate court obtains no jurisdiction in the matter and the appeal must be dismissed. Giannitrapani v. Duke University, 30 N.C. App. 667, 228 S.E. 2d 46 (1976); Brooks v. Matthews, 29 N.C. App. 614, 225 S.E. 2d 159 (1976); Teague v. Teague, 266 N.C. 320, 146 S.E. 2d 87 (1966); Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379 (1957).

Appeal dismissed.

Judges VAUGHN and ERWIN concur.

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MARTIN (Harry C.), Judge.

An appeal in a civil action, when taken by written notice, must be taken within ten days after entry of the judgment. N.C. Gen. Stat. l-279(c); Rule 3(c), North Carolina Rules of Appellate Procedure. The record before us discloses defendant’s appeal was taken 8 March 1978. This was at least fourteen days after the entry of the judgment. Where the appeal is taken more than ten days after the entry of judgment, and the time within which appeal can be taken is not otherwise tolled as provided in N.C.G.S. 1-279 and Rule 3, the appellate court obtains no jurisdiction in the matter and the appeal must be dismissed. Giannitrapani v. Duke University, 30 N.C. App. 667, 228 S.E. 2d 46 (1976); Brooks v. Matthews, 29 N.C. App. 614, 225 S.E. 2d 159 (1976); Teague v. Teague, 266 N.C. 320, 146 S.E. 2d 87 (1966); Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379 (1957).

Appeal dismissed.

Judges VAUGHN and ERWIN concur.

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Bluebook (online)

253 S.E.2d 47, 40 N.C. App. 425, 1979 N.C. App. LEXIS 2256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-of-the-raleigh-v-truesdale-ncctapp-1979.

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